Paedophile can challenge 23-year sentence

ONE of the state’s worst paedophiles has won the right to challenge his 23-year jail term because a judge is concerned he will be “quite old” when paroled.

Supreme Court Justice David Peek this morning granted Phillip Turtur – who abused one of his victims every week for four years – permission to appeal his sentence.

Despite the objections of prosecutors, Justice Peek said the length of the sentence, and state law about paedophiles, made the case worthy of consideration by the Court of Criminal Appeal.

“(Turtur) is just about to turn 65, and will be 79 at the end of his non-parole period,” he said.

“Under legislation relating to this particular type of offending he will only be eligible for release, he will not be automatically considered.

“Without expressing any view as to the grounds of the appeal, I’m disposed to grant permission having regard to the fact this is a large sentence and the accused will be quite old at the time he is eligible for parole.”

Turtur, of Salisbury, pleaded guilty to one count of persistent sexual exploitation of a child, 12 counts of unlawful sexual intercourse and one count of indecent assault.

He repeatedly abused two girls, while in a position of trust, between 1982 and 1994.

The first victim was sexually abused every Sunday while her family visited her grandfather’s grave.

Turtur also held a butcher’s knife to her throat while another girl was locked in the laundry.

He threatened to harm the girl’s family if she exposed his perverted actions.

The second victim was abused by Turtur about three or four times a week for six years.

In one incident, he had sex with her on the bathroom floor moments after she attempted to commit suicide saying “this will comfort you”.

Today Dr Peter Salu, for Turtur, said his client’s sentence was manifestly excessive.

He said persons accused of historical sex offences should receive substantial sentencing discounts for pleading guilty.

That, he said, would encourage others to do the same and cut down on the number of trials.

“My client did not want to subject the victims to any more pain and suffering,” Dr Salu said.

“Despite having no memory of a lot of the facts, for reasons of remorse and contrition, he pleaded guilty.

“The sentencing judge should have given greater weight to this, but he did not.”

Karen Ingleton, prosecuting, said Turtur had received all the leniency he was due.

She said his final sentence included a 22 per cent discount for pleading guilty, and a further 18 per cent reduction on account of his age.

“There are simply some cases where a long sentence, a deterrent sentence, is warranted – and the offending in this matter is one of those circumstances,” she said.

“It is a long sentence, but this is one of those matters in which a long sentence was inevitable.”

Justice Peek said the appeal should go ahead.

“I agree a long sentence was inevitable, it’s just a question of precisely how long,” he said.

Turtur’s appeal will be heard later this year.

UPDATE 30/05/12 GREAT NEWS FOR VICTIMS

Paedophile Phillip Turtur jailed for ‘indescribable horror’

Court Reporter Hannah Silverman

May 29, 2012 11:00PM

SHE was sexually assaulted weekly, threatened with a knife and scared out of exposing years of abuse, but today Joanne is anything but the victim she was 30 years ago.

Now a brave survivor of child sex abuse, Joanne was relieved yesterday to watch her former uncle Phillip Turtur, one of the state’s worst paedophiles, sentenced in the District Court to 23 years’ jail.

With a smile Joanne, 37, who did not want her surname published, said justice had finally been served for the crimes Turtur, 64, of Salisbury, committed against her and another victim during the 1980s and 1990s.

“The pain and suffering is something that is still there, but I’m happy in my life now. It is just something that I’ll never forget,” she said.

Joanne and her husband of 4½ years are the brains behind Angry Anderson, The Flyers & Before The Aftermath: Benefit Concert. Proceeds from the one-night-only benefit at The Gov will go to Bravehearts for victims of child sexual abuse.